Administrative Static Podcast

Latest Episodes:

NCLA Case Exposes How State Governments Escape Consequences for Unconstitutional Covid Policies Apr 06, 2024

Show notes

In Høeg v. Newsom, NCLA represents several California physicians whose First Amendment rights were violated by Assembly Bill (AB) 2098—a law that subjected physicians to discipline for giving patients advice about Covid-related matters that didn’t comport with the “scientific consensus.” Many bad government actors have avoided facing legal consequences for unconstitutional actions by abusing the mootness doctrine.

In this episode, NCLA’s Jenin Younes discusses the recent oral argument in Høeg v. Newsom and the exploitation of the mootness doctrine.

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NCLA Sues James Madison Univ. and U.S. Dept. of Ed. over Weaponized Title IX Investigation Apr 06, 2024

Show notes

In Reid v. James Madison University, NCLA represents Alyssa Reid, a former forensics coach at James Madison University whose case provides yet another example of how Title IX has been hijacked and weaponized to exact revenge for a bad breakup. NCLA’s complaint argues that the actions of James Madison University, assisted by the Dept. of Education, deprived Ms. Reid of her rights and entitlements as protected by the constitutions of both the United States and the Commonwealth of Virginia, as well as by Title IX itself.

In this episode, NCLA’s Greg Dolin joins Mark to discuss the case.

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NCLA Fights Delegation of Government Power to Public Company Accounting Oversight Board Apr 04, 2024

Show notes

NCLA filed a Complaint urging the U.S. District Court for the Southern District of Texas to declare that the Public Company Accounting Oversight Board is a private entity unlawfully exerting government power. The unconstitutionally structured Board exercises sweeping legislative, executive, and pseudo-judicial power bestowed by the Sarbanes-Oxley Act of 2002, but it is staffed entirely by non-governmental private citizens who are subject to very little direction, oversight, or supervision from federal officials. This arrangement violates Article I, Sec. 1 of the U.S. Constitution.

Mark is joined by NCLA's Russ Ryan to discuss the case.

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Biden’s Student Loan Debt Cancellation Plan Undermines Congress Apr 04, 2024

Show notes

The Biden Administration’s illegal plan to unilaterally cancel student loan debt is getting pushback in the courts from NCLA. NCLA represents the Cato Institute, a nonprofit organization that promotes individual liberty, limited government, free markets, and peaceful international relations. The complaint argues the Biden Administration’s arbitrary one-time student loan debt cancellation scheme violates the Constitution’s Appropriations and Vesting clauses, infringing on Congress’ sole power of the purse. The program abuses the Department of Education’s discretionary power and must be set aside.

Mark is joined by NCLA's Russ Ryan to discuss the case and the recent oral argument.

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NCLA Asks en Banc Fifth Circuit to Vacate Legally Defective Nasdaq Board Diversity Rules Apr 04, 2024

Show notes

NCLA has filed an opening brief in National Center for Public Policy Research v. SEC urging the en banc U.S. Court of Appeals for the Fifth Circuit to set aside Nasdaq’s unconstitutional “Board Diversity Rules,” which SEC promulgated without statutory authority. These Rules impose gender, race and sexual orientation quotas on corporate board membership for Nasdaq-listed companies. Further, the Rules compel companies that fail to meet their board seat quotas to explain why or face involuntary delisting from the stock exchange.

A Fifth Circuit panel had upheld the Board Diversity Rules, but the en banc court granted NCLA’s request to rehear the case. In this episode, Mark, Vec, and Jenin are joined by NCLA's Peggy Little to discuss the case.

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NCLA Asks Supreme Court to Resolve Circuit Split over Standing in Social Media Censorship Cases Apr 04, 2024

Show notes

NCLA has petitioned the U.S. Supreme Court for a writ of certiorari in Changizi v. HHS, a lawsuit combating the government’s unconstitutional assault on freedom of speech. NCLA’s petition asks the Court to resolve a circuit split between the Fifth and Sixth Circuits on what plaintiffs must show to satisfy Article III standing in censorship cases against the government.

Officials in the Department of Health and Human Services (HHS) have violated the First Amendment by directing social media companies to censor viewpoints that conflict with HHS’s Covid-19 messaging. The petition urges the Court to overturn the U.S. Court of Appeals for the Sixth Circuit ruling that NCLA clients Mark Changizi, Michael Senger, and Daniel Kotzin lacked standing to challenge the censorship regime that silenced them.

Mark and Vec discuss the case in this latest episode.

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NCLA's Annual King George III Prize is Back Mar 27, 2024

Show notes

NCLA is proud to announce the Fourth Annual King George III Prize—a campaign to call attention to the most egregious violations of our basic civil liberties by people and institutions responsible for those abuses.

In keeping with the spirit of March Madness and King George, we are introducing two tournament brackets: one with 16 nominees comprising the state and federal agencies and officials who committed the worst abuses of civil liberties in 2023 and a second bracket devoted exclusively to 16 state and federal officials who dedicated their efforts to censorship and violating the First Amendment in 2023.

In this episode, NCLA's Clegg Ivey joins Mark to discuss the contest.

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NCLA's Mark Chenoweth provides full testimony before the House Judiciary Committee on reining in agency adjudication Mar 27, 2024

Show notes

Administrative adjudication is an unconstitutional system! It evades almost all of the procedural rights guaranteed under the Constitution. It subjects Americans to biased adjudication without real judges or juries and denies them their right to due process.

NCLA's Mark Chenoweth provided full testimony before the House Judiciary Committee last week on reining in agency adjudication and discuss in this episode.

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Supreme Court Hears Oral Argument in Pivotal NCLA Case Against Gov’t Social Media Censorship Mar 27, 2024

Show notes

The Supreme Court heard oral argument in NCLA's Murthy v. Missouri, considering whether to uphold a historic preliminary injunction granted by the U.S. Court of Appeals for the Fifth Circuit. The injunction, temporarily stayed by the Court, would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech. The injuries to NCLA’s clients—Drs. Jayanta Bhattacharya, Aaron Kheriaty, and Martin Kulldorff, and Ms. Jill Hines—supplied standing for many of the arguments made in the courtroom, urging the Court to uphold the injunction in defense of Americans’ First Amendment rights.

In this episode, Mark and Vec discuss the oral argument and the case.

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Supreme Court Hears Oral Argument in Pivotal NCLA Case Against Gov’t Social Media Censorship Mar 27, 2024

Show notes

In this episode, Mark and Vec discuss the oral argument and the case.

See omnystudio.com/listener for privacy information.